Border-death documentary helps launch national campaign

Maria Puga, the widow of Anastasio Hernandez Rojas, addresses the media Monday in San Diego, calling for justice and a full U.S. investigation into the May 2010 death of her husband. / Photo by John Gibbins * U-T

Maria Puga, the widow of Anastasio Hernandez Rojas, addresses the media Monday in San Diego, calling for justice and a full U.S. investigation into the May 2010 death of her husband. / Photo by John Gibbins * U-T

Spurred by new video footage of the 2010 tasing by border authorities that may have contributed to the death of undocumented immigrant Anastasio Hernandez Rojas, advocates and his family on Monday kicked off a national campaign for justice that they intend to take directly to the White House.

A PBS documentary — “Need to Know: Crossing the Line” — that aired Friday revealed the video for the first time. It shows Hernandez Rojas prostrate on the ground — handcuffed, according to witnesses and his attorney in the film — surrounded by nearly two dozen law enforcement personnel and then shocked with a Taser stun gun.

“We hope this video will prompt the federal government to truly investigate,” said Christian Ramirez, director of the Southern Border Communities Coalition. “The video clearly demonstrates Anastasio Hernandez was tortured; this agency needs to be held accountable.”

The Department of Justice, which is investigating the actions of Customs and Border Protection, requested questions by email but did not answer them.

“The department has an ongoing investigation. We decline further comment at this time,” said spokeswoman Xochitl Hinojosa.

Anastasio Hernandez Rojas, an undocumented immigrant who worked in construction, was shot with a Taser while being deported in May 2010. He suffered a heart attack and died. — Family photo

Anastasio Hernandez Rojas, an undocumented immigrant who worked in construction, was shot with a Taser while being deported in May 2010. He suffered a heart attack and died.
/ Family photo

The video raises more questions about that May 2010 night and about policies around training, recruitment standards and who was there when Hernandez Rojas was tased. Hernandez Rojas’ widow, Maria Puga, is asking U.S. Attorney General Eric Holder to review the matter. More than 22,000 signatures have been collected by presente.org demanding a more transparent federal investigation.

The documentary also spotlights seven other deaths in incidents involving border law enforcement in the last two years. Many of those cases are also still being investigated.

“It’s very clear to me he was murdered,” said Puga, who viewed the footage with her family days before the community screening that attracted more than 150 people on Friday. “It’s so painful to watch. They destroyed a family. There has been no peace since this happened.”

Hernandez Rojas’ family filed a civil suit last year against the federal government, alleging that excessive force led to the death of the father of five who lived in the Encanto area. Hernandez Rojas, 42, was a construction worker who had lived in the U.S. since he was 14. He was caught trying to return to California after having been deported days earlier.

The San Diego County medical examiner’s autopsy report ruled the death a homicide. Hernandez Rojas had a heart attack, and the medical examiner said it was not clear how much the alleged beating, stun gun use, a heart condition and/or methamphetamine found in his system were to blame.

Advocates and media have reported it was Border Patrol agents who used a stun gun on Hernandez Rojas. But Shawn Moran, vice-president of the Border Patrol Council, said it was not a Border Patrol agent who ultimately tased Hernandez Rojas that night, although several agents were there. Moran said he did not know who used the Taser or what their agency affiliation was.

Customs and Border Protection, which oversees the Border Patrol and Office of Field Operations, declined to comment about the case. The Office of Field Operations is responsible for Ports of Entry.